X5 and poor bumper design

[cravin]

My X5 is in for service where they are providing me a new rear bumper. Raises the question of why. So here is the story:

There seems to be a very common issue with the X5. With this problem, it's easy to miss when looking up close. If you look down at the bumper, you'll notice a gap between the bumper and the body. If looking at it from 20 feet away or so though, it becomes easier to notice. You notice that there are ripples in the top of the bumper. Seems to be a design flaw that the reinforcement clips tend to break.

The service center told me that it must have been from hitting the something. I told them about this days after I received the car, and the dealership agreed that it should have been fixed before delivery to me, so they're covering the cost. I thought it would just be a process of taking the bumper off and reinforcing it with new clips, but seems like they think it needs a whole new bumper. Now that I am aware of the issue with my truck, I've been noticing it on more and more X5s that I come across.

Raises the question of how to get BMWNA to acknowledge that the bumper is not designed to US Safety laws of being able to withstand a mild bump.

Here is a thread on bimmerfest with dozens of owners that have the issue.
2010 BMW X5 Rear Bumper Problems - Quality Issue - Bimmerfest - BMW Forums